Legal Opinion · Dissent
State ex rel. Corrigan v. McMonagle
Ohio Supreme Court
Decided July 3, 1984No. 83-1066Published
1DissentLocher, J.
The basis for today’s majority position is the first paragraph of the syllabus in State v. Henry (1983), 4 Ohio St. 3d 44, which states: “Pursuant to R.C. 2901.02(B), aggravated murder is a capital offense regardless of whether death may be imposed as a result of the conviction thereof.” For the reasons set forth below I respectfully dissent from that determination in the case sub judiee.
It is axiomatic that a syllabus of an Ohio Supreme Court opinion will not be viewed in a vacuum, apart from the factual exigencies and issues of the case from which it has been created. Perkins v. Benguet…
2Cases cited7 opinions
- Lockett v. OhioSupreme Court of the United States · 1978
- Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
- The New York Central Railroad Company v. Alberta L. Delich, Administratrix of the Estate of Daniel B. Delich, DeceasedCourt of Appeals for the Sixth Circuit · 1958
- State v. HenryOhio Supreme Court · 1983
- The Baltimore and Ohio Railroad Company v. Kate S. Henery, as Administratrix of the Estate of J. Harry Henery, DeceasedCourt of Appeals for the Sixth Circuit · 1956
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